Personal Injury Compensation

Types of Personal Injury Damages

You may never completely recover from a serious personal injury, but there is no way to restore your state of health and mind prior to the accident. Monetary compensation, or damages, should make some restitution for your injuries, and at the same time hold the other party accountable for his or her negligence.

In Texas, personal injury damages are either economic or non-economic. Economic damages consist of compensation directly related to the accident. Non-economic damages generally refer to physical or mental suffering relating to the accident. Economic damages are relatively simple to prove – there are receipts for medical expenses, auto repairs, etc. Non-economic damages are more subjective in nature.

Texas Personal Injury Compensation

The goal of your lawsuit is to prove that you suffered from the actions of the defendant and deserve compensation. Personal injury compensation includes:

  • Medical Bills

    Both past and future. This includes the cost of prescription drugs, caregivers, physical therapy, and other rehabilitation.

  • Property Value

    You may recover the value of property lost in the accident. Although this generally pertains to motor vehicles, other types of personal injury also incur a loss of property. For example, if you were carrying your laptop when a slip and fall injury occurred and the computer was shattered, you may recover its value as part of compensation. The same holds true if the laptop was in your car at the time of the accident and destroyed along with the automobile.

  • Lost Wages and/or Earning Capacity

    Lost wages are the amount the plaintiff did not receive while recovering from the accident. In many cases, a person is no longer able to work because of the injuries received during the accident or may never again work in the same field. That inability to work is considered a loss of earning capacity.

  • Pain and Suffering/Mental Anguish

    You may recover damages for the pain suffered during the accident and recuperation. If the pain is ongoing, medical evidence is necessary to establish such pain is likely to continue in the future. Compensation for mental anguish is common in cases of severe accidents. Proof of treatment for depression, PTSD, and related issues is needed.

  • Permanent Disfigurement

    A life-changing reminder of the accident. If the plaintiff is severely scarred and no longer enjoys a good quality of life, damages are likely awarded.

  • Physical impairment

fire suppression and mine victim assistanceAccidents often result in mobility loss and other types of physical impairments. Some physical impairments are specific, such as the loss of a limb. Others are more subjective, such as no longer being able to partake in enjoyable activities or perform routine activities, such as cooking or cleaning.

Punitive Damages

In some cases, punitive damages come into play. The term “punitive” literally means punish, and that is what these types of damages are meant to do when a defendant has engaged in grossly negligent behavior. There are limits – or caps – for punitive damages in Texas, and they follow a strict formula.

Such damages may not exceed more than twice the amount of economic damages, along with the equal amount of non-economic damages up to $750,000. In Texas, a court will only award punitive damages when economic damages are involved.

Accident Compensation

Texas is not a “no-fault” auto insurance state, so plaintiffs may file personal injury lawsuits against the other driver in a motor vehicle accident. While the state requires minimum liability coverage for all drivers, if you get into an accident with a driver carrying the legal minimum – $30,000 per person for bodily injury, $60,000 per accident involving two or more people, and $25,000 in property damage – a lawsuit may be necessary to recover compensation beyond those minimum amounts.

Texas law considers contributory negligence in an accident, where each side may be responsible for a certain percentage of “fault.” Even if you think theWooden gavel and American dollars other driver was 100 percent at fault for the accident, the court may not see it that way. Under what is known as the “51 percent bar rule,” accident victims are only eligible for compensation if they are less than 50 percent responsible for the crash.

Even if an accident victim falls under the 50 percent threshold, compensation is reduced by the percentage of fault attributed to them. For example, if the victim is found 20 percent responsible for the collision, any award is reduced by that amount.

Victims’ Compensation

It is possible that an accident victim may encounter further medical issues due to a doctor or hospital error. Because of changes in the state’s tort reform laws, medical malpractice cases are capped at $250,000 for non-economic damages. The same cap holds true for hospitals, so even in a best-case scenario, a suit against a doctor and hospital yields the victim $500,000 before attorney’s fees.

A drunken driver may not have the assets to pay for any settlement. All is not necessarily lost for the victim of the accident. Crime victims in Texas may receive compensation through the Crime Victims Compensation Fund, and this includes drunken-driving victims. Such victims may receive up to $50,000. Those rendered permanently disabled as a result of the crime may receive up to $75,000.

Personal Injury Lawyer in Irving, TX

Accident victims and their families may not know where to turn after a devastating injury caused by another party. While the victim recuperates and is unable to work, bills still keep piling up. The situation seems overwhelming. Don’t despair – there is help available. A personal injury victim requires skilled legal representation. An experienced personal injury lawyer aggressively fights for your rights so you may receive compensation for your injuries. While we try to settle cases, we are willing to go to court and fight for our clients when necessary.

Recent Settlement: $200,000
Slip and fall in Tarrant County, Texas on a sidewalk after a business left their sprinklers on overnight when the temperature got below freezing, which resulted in significant soft-tissue injuries. (Pre-Litigation costs were $1,327.13 and attorney's fees were $66,666.66, medical bills and liens $7,131.92, net to client $124,874.29)
Recent Settlement: $305,000
(Policy Limits) Motor vehicle collision in Harris County, Texas resulting in multiple lumbar and cervical herniations and corresponding neck and back surgeries. (Pre-litigation costs $1,105.03 and attorney's fees $101,666.66, medical bills and liens $98,989.93, net to client $103,238.38)
Recent Settlement: $337,500
Bicycle wreck where client suffered fractured wrist and corresponding surgery. (Pre-litigation costs were approx. $1858.79, and attorney's fees were $112,500, medical bills and liens $18,017.59, net to client $205,123.62.)
Recent Settlement: $300,000
Pit Bull attack with disfiguring scars to client’s upper arm. (Pre-litigation costs were waived, attorney's fees $90,000, medical bills and liens $4,807.19, net to client $205,192.81.)
Recent Settlement: $227,000
Slip and fall in a restaurant in Tarrant County, Texas that resulted in a serious elbow injury and surgery.(Litigation costs $13,139.11 and attorney'’s fees $80,800.00, medical bills and liens $16,871.29, net to client $116,189.60)
Recent Settlement: $250,000
Motor vehicle collision, which resulted in a severe knee injury and rotator cuff tear. (Pre-litigation costs were approx. $1,000 and attorney's fees were $83,333, medical bills and liens, $70,071.07, net to client $95,044.29.)
Recent Settlement: $79,500
Motor vehicle wreck where client suffered soft tissue injuries (Pre-litigation costs were approx. $701.06, attorney's fees $26,500, medical bills and liens $15,987, net to client $36,311.94.)
Recent Settlement: $950,000
Motor vehicle collision involving a drunk driver, which resulted in a fractured shoulder and pelvis. (Pre-litigation costs were approx. $13,500 and attorney's fees were $316,666, medical bills and liens $44,568.90, net to client $531,225.13).
Recent Settlement: $735,476
Motor vehicle collision involving an uninsured driver. Client suffered severely fractured leg and corresponding surgeries. (Pre-litigation costs were approx. $1629.05, and attorney's fees were $245,158.81, medical bills and liens $84,916.62, net to client $403,771.97.)
Recent Settlement: $450,000
Personal injury lawsuit involving a slip and fall, which resulted in a fractured ankle and reflex sympathetic dystrophy (RSD). (Litigation costs were approx.. $11,250 and attorney's fees were $180,000 medical bills and liens $52,758.23, net to client $241,950.06.)
Recent Settlement: $2,000,000
Wrongful death 18-Wheeler motor-vehicle collision in Martin County, Texas. (Pre-Litigation costs were $12,397.69 and attorney's fees $666,666.66, zero medical bills or liens, net to client’s family $1,320,935.65)

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Client Reviews

(Translated by Google) Our family used the Dashner Law Firm the assistant who works for Mr. Dashner called Iliana is an incredible person answered questions and emails immediately and made sure we were as satisfied with the outcome of the marriage I recommend this lawyer for car accidents and personal injury.(Original)Nuestra familia usó el bufete abogado Dashner la asistente que trabaja para el señor Dashner llamada Iliana es una persona increíble respondió las preguntas y los correo electrónico de inmediato y se aseguró que estuviéramos lo más satisfecho con el resultado de el casó yo recomiendo a este abogado para accidentes automovilísticos y daños personales.
Graciela B.
17:01 09 Jul 21
Dashner Law Firm really help me out in a tight spot! Thank you
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01:54 07 May 21
Very knowledgeable and take charge person, all about his clients! Great person! Would highly recommend his firm!
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21:34 25 Mar 21
Illiana was my paralegal she was very helpful answered all my questions. Called me back just check on me. I was very pleased. Keep up good work.
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16:30 26 Feb 21
Dashner Law Firm resolved my case within a timely manner, staff is professional, very knowledgeable, and responsive. Thank you Dashner Law Firm for all of your hard work!
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22:42 09 Nov 20
I was injured in a car accident and Mr. Dashner and his associates took very good care of me. I thank them for working digently and taking the time to help me when I needed it the most...Again,Thank you!!!
Latonya L.
10:31 28 Oct 20
Could not be more pleased with the service from the Dashner Law Firm and the outcome of my case. I was involved in an accident and was hit from behind while at a stop light. Dashner was helpful, thorough and professional throughout the entire process of engagement to settling my case. I highly recommend them. Eugene Teagle and Gracie Ibarra in particular were AMAZING to deal with. Pros all the way. Thank you Dashner Team.
Jon W.
20:58 19 Oct 20
Highly recommended.. gracie treated me very well as well as all the staff..!!
Anish M.
19:53 06 Oct 20
I hired the Dashner Law Firm to represent me in an auto accident that I was in that resulted in a lot of medical bills. The insured that hit me didn’t have the coverage to cover all of the bills. The Dashner Law Firm worked with the hospital, doctors and chiropractic firms to reduce the amount I owed and was able to settle with the insured’s insurance company to get them all paid. The process was easy and they were extremely professional. I would highly recommend the Dashner Law Firm.
Craig
23:16 19 Sep 20
I had wonderful experience with Mr. Dashner and his team. A thorough professional and highly responsive team helped with my case. I will recommend this firm and will rate them high.
Sanjeev K.
00:26 06 Jul 20
I had a really good experience, they made it easy. Always upfront and honest. Very friendly and answered all your questions and concerns. I got my settlement and I am super excited. Thank you Dashner Law Firm🥳🤗
Heather H.
18:19 26 Mar 20
I highly recommend Mr. Dashner and his professional law firm. If you require legal representation or advice look no further. Mr. Dashner and his team of professionals work very hard to make sure you have winning results. Great service, great work ! Thank you again Dashner Law Firm!
Maggie R.
21:57 18 Mar 20
One of the few Personal Injury attorneys out there that treats his clients like clients and not numbers. Truly the best in the game. Only person in the industry I'd literally trust my family with. Highly recommend.
Tyler T.
18:51 04 Mar 20
Liz M.
17:34 19 Feb 20
Respresentation was an astronaminal experience.Tomas visited my family directly with no hesitation. He and Mr Dashner guide you with no reservation. Excellent care from beginning to end. Highly recommend this firm
Savannah Marie A.
03:14 06 Feb 20
Great attorney's and staff .
Sandra P.
17:31 05 Feb 20
Excellent service
jennifer O.
17:25 05 Feb 20
I recommend The dashner Law Firm! They do everything to help you along the way and make sure your taken care of. The best part is that they speak Spanish 👍🏻
Dalila L.
17:23 05 Feb 20
Excellent customer service throughout our entire case.Highly recommend Tomas to all very detailed , professional and knowledgeable.
Lisa A.
17:21 05 Feb 20
Great experience with Dashner Law Firm ,kept me informed and updated about my case ,and very good about returning my calls as well . Definitely recommend them to anyone.
Christina A.
17:20 05 Feb 20
Top notch lawyer and their customer service is unmatched!
Xochitl C.
17:18 05 Feb 20
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